12-024 — I
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2 ORDINANCE NO. 12 -024
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
5 OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2
6 ADMINISTRATION, ARTICLE IV, SECTION 2 -56, AMENDING
7 PROVISIONS FOR THE SALE OF CITY OWNED REAL
8 ; 1 ' PROPERTY; PROVIDING FOR EXEMPTIONS ON THE SALE
9 ' OF CITY -OWNED REAL PROPERTY; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
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13 WHEREAS, Florida law allows municipalities, pursuant to their home rule powers, to
14 establish procedures for the sale of real property; and
15 WHEREAS, the City Commission has determined that the current procedures for the
16 sale of real property as set forth in Code Section 2 -56 do not provide sufficient flexibility and
17 therefore operate the inhibit the sale of real property to the detriment of the City; and
18 WHEREAS, the City Commission deems it to be in the best interest of the citizens
19 and residents of the City to amend Chapter 2. Section 2 -56.
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, THAT:
22 Section 1. The foregoing whereas clauses are true and correct and are now ratified
23 and confirmed by the City Commission.
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25 Section 2. Chapter 2. "Administration ", Article IV, "Purchasing and Consultants ",
26 Section 2 -56 is hereby amended by adding the words and figures in underlined type, and by
27 deleting the words and figures in struck - through type, as follows:
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29 Sec. 2 -56. Purchasing agent, selection, duties; competitive bidding.
30 (a) The city commission shall appoint an officer or employee of the city, other than a
31 member of the city commission, as purchasing agent for the city who shall be responsible for
32 the purchase of all supplies, materials, equipment and other articles used by the municipal
33 government. All purchases or sales of city property shall be subject to the approval of the city
34 commission and shall conform to such regulations as the city commission may from time to
35 time prescribe.
36 (b) Personal property, commodities and services. Except as provided in section 2 - 56.1,
37 all purchases or sales of personal property, commodities and services involving amounts in
38 excess of twenty -five thousand dollars ($25,000.00), or construction involving amounts of
39 seventy -five thousand ($75,000.00), shall be made only after the publishing of an
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1 advertisement of bids thereon in a newspaper of general circulation in the city at least one (1)
2 time, not less than ten (10) days prior to the date set for the reception of such bids, together
3 with such other notice as the commission may direct. The city commission shall have the
4 power to reject any and all bids submitted and received, and to waive any informalities in
5 connection with such bidding.
6 (c) Real property. Real property may be sold in the manner recommended by the City
7 Manager and determined by the City Commission to be in the best interest of the City. With
8 regard to the sale of any real estate owned by the city which has an appraised value exceeding
9 $100,000.00 as determined by the most recent valuation of the Palm Beach County Property
10 Appraiser, no such sale shall be conducted or consummated until such time as subject
11 property has been appraised by a disinterested qualified appraiser to be designated by the city
12 commission for the purpose of establishing a fair market value thereon. The sale of real
13 property for less than the fair market value shall require the approval by a vote of four -fifths
14 (4/5) of the city commission.
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16, (d) The foregoing provision for sale of real property do not apply to real property
17' located within the city's community redevelopment area if the property was acquired by the
18 City for the purposes of community redevelopment or if the sale of the property will facilitate
19 redevelopment consistent with the CRA plan; or if the sale of the property will facilitate
20 restoration of a property which the City Commission deems to be historic, even in those cases
21 where historic designation by the State of Florida, Palm Beach County, or pursuant to a
22 federal historic designation program has not occurred or is pending.
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25 Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances
26 of the City of Boynton Beach not herein specifically amended shall remain in full force and
27 effect as previously enacted.
28 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed.
30 Section 5. Should any section or provision of this ordinance or portion hereof, any
31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
32 such decision shall not affect the remainder of this ordinance.
33 Section 6. Authority is hereby granted to codify said ordinance.
34 Section 7. This ordinance shall become effective immediately upon passage.
35 FIRST READING this 4th day of December, 2012.
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37 SECOND, FINAL READING AND PASSAGE this 18 day of December, 2012.
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1 CITY OF BOYNTON BEAC FLORIDA
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3
4 : Mayor - Woodrow L. H._-
7 - ac .i ray
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9 .:.r k
1 0 • f
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12 A
13 Co - sione. olzman
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15
16 Commi •f oner - 9
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18 ATTEST:
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21 'IT) • PtcLALto
22 Ja t M. Prainito, MMC,
23 ' ty Clerk
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25
•
26 ( i': • S )
27
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